A Methodical System of Universal Law. Johann Gottlieb Heineccius
its Author for the exercises of social affections; for justice; nay, for benevolence, and for commiserating <153> even the injurious, as far as public good admits that tenderness to take place.
Having mentioned the necessity of reasoning from the frame of mankind, and our condition, in order to infer the will of our Creator concerning our conduct, it may not be improper to add, that there is no difficulty in determining the will of our Creator, even with respect to our conduct towards inferior animals, if we state the case as it really is in fact, which is, “That such is the condition of mankind by the will of our Maker, that our happiness cannot at all be procured without employing certain inferior animals in labouring for us; nor even the happiness of the inferior animals themselves, in a great measure.” For that being the case, tho’ we can never have a right to employ inferior animals for our service by compact, they being incapable of it, yet we have a natural right to it, a right arising from the circumstances of things, as they are constituted by the Author of nature. But the right which arises from these circumstances, is not a right to torment them unnecessarily, because not only our happiness does not require that, but we really are framed by nature even to compassionate suffering brutes. But we shall have occasion afterwards to shew more fully, that a right may arise from the nature and circumstances of things, previous to compact or consent; or where there cannot be any compact or consent. Whoever would see the true meaning of the precept, to love our neighbours as ourselves, fully and clearly laid open, may consult Dr. Butler’s sermon already quoted upon the love of our neighbour. That the precept, Do as you would be done by, is not peculiar to Christianity, but is a precept of the law of nature, and was known and inculcated by Confucius, Zoroaster, Socrates, and almost all ancient moralists, Pufendorff hath shewn, and Mr. Barbeyrac in his history of the moral science, prefixed to his notes on Pufendorff ’s system: so likewise our Author in the following chapter.
Concerning our imperfect duties towards others.
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The order and connexion.
We think our obligation not to hurt any person, and the nature of injury have been sufficiently cleared and demonstrated. The next thing would be to explain with equal care our obligation to render to every one his own, and the nature of that duty (§175); were not the nature of our hypothetical duties such, that they could not be explained <154> without having first considered the nature of our imperfect absolute duties. But this being the case, it is proper to begin with them; and this premonition is sufficient to skreen us against being charged with the crime reckoned so capital among the critics of this age (ne ὕστερον πρότερον) transgressing order designedly, and with evil intention.
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The foundation and division of imperfect duties.
The source of all these duties is love of humanity or beneficence (§84), by which we cheerfully render him whom we love, not merely what we owe him by strict and perfect right, but whatever we think may conduce to his happiness. But because humanity commands us to be as good to others as we can be without detriment to ourselves; and beneficence commands us to do good to others even with detriment to ourselves (§83); therefore our imperfect duties are of two kinds, and may be divided into those of humanity, or unhurt utility, and those of beneficence or generosity. Both are, for many reasons, or on the account of many wants, so necessary, that it is impossible for men to live agreeably or conveniently without them.
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Axioms concerning them.
Since there can be no other measure with respect to these duties but the love of ourselves, and therefore we are obliged to love others as ourselves, (§93); the consequence is, that whatever we would have others to do to us, we ought to do the same to them (§88); whence above, in premising a certain principle to which all our duties to others might be reduced, we laid down this rule, Man is obliged to love man no less than himself, and not to do to any other what he would think inexcusable if done to himself, (from which principle we have deduced our perfect duties); but, on the contrary, to do to others what he would desire others to do to him (§93). Now <155> hence we shall see that all our imperfect duties may be clearly inferred.
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Our obligation to the duties which may be done to others without detriment to ourselves.
First of all, none would have those things denied to him by others which they can render to him without hurting themselves; wherefore every one is obliged liberally to render such good offices to another; and consequently it is justly reckoned most inhuman for one, when it is in his power, not to assist another by his prudence, his counsel and aid; or not to do all in his power to save his neighbour’s goods; not to direct a wanderer into the right road; to refuse running water to the thirsty; fire to the cold; shade to those who languish with excessive heat; or to exact any thing from another to his detriment, which can more easily, either without hurting ourselves or any other, be procured some other way. This kind of benignity is so small and trivial, that either by law or custom, the duties of this class have passed almost every where into duties of perfect obligation.*
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It extends to those things with which we abound.
It belongs to the same class of unhurt utility to communicate such things to others as we can, <156> (such is our abundance), spare them without any loss or hurt to ourselves; and to dispense among others things which would otherwise be lost and perish with us; insomuch, that they are very inhuman who suffer things to corrupt and spoil, who destroy in the fire, throw into the sea, or bury under ground things on purpose that no other may be the better for them.*
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What if our humanity would be hurtful to ourselves?
But since we are bound to render such good offices to others from the love we are obliged to entertain towards others by the law of an infinitely good and merciful God (§215), and yet none is obliged to love another more than himself (§93); the consequence is, that we may deny these good offices to others, if we foresee the doing them may be detrimental to ourselves or our friends; which, since <157> it may easily happen in a state of nature, where there is no common magistracy to protect and secure us, if we readily render these good offices even to our manifest enemies; there is therefore a plain reason why the good offices, even of harmless use, may be refused to an enemy in that state, as being ill disposed towards us; whereas in a civil state to deny them rashly to others under that pretext, would be very blameable.*
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Humanity is due to enemies.
Yea rather, since the love which is the source of all these duties, is due, not for the merits of others, but on account of the equality of nature (§88), it is very evident, that even to enemies those things in which we abound, and which we can give them without any hurt to ourselves, ought to be given. And this humanity is so much the more splendid <158> and noble, the less hope there is of our ever returning into great friendship with the enemy to whom such services are rendered.*
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The degrees of relation and affinity ought to be considered.
But because this love of humanity, from which these duties flow as their fountain or source, ought to have prudence for its director, which is that faculty by which things conducive to our own happiness and that of others is discerned; hence it is conspicuous, that regard ought to be had not only to persons, but to the necessities they labour